Adding a Party in a Motor Vehicle Cases
2 years ago
Two, Two wheelers namely A and B was going in the same direction on the road. The vehicle B was going behind the vehicle A. Due to somebody called the driver of vehicle A on the left side of the road, The driver of vehicle A applied sudden brake without noticing the vehicle B which was coming behind it. As a result of these, Vehicle B hit against the Vehicle A and the Billian rider was sitting in the vehicle A fell down and died on the spot. The accident was occurred due to rash and negligent driving of the driver in Vehicle A but the police registered FIR against the driver of Vehicle B. Must we added the owners and insurer of the both vehicle in a claim petition ? Or will anyone of the vehicle's owner and insurer be added ? Is there any citation on supreme court to add anyone vehicle as a party as we like when two vehicles are involved in the accident ?
A.Dear Sir,
All the necessary parties to be made as parties to the case to avoid future complications.
Yes you can claim it as both the vehicles are involved in the accident there are various precidents relating the same.The person involved in a motor vehicle accident, you should obtain the other party's contact and insurance information.
Thank you.
Ideally the police should have added the owner/driver of the vehicle A as his vehicle is also part of the accident and his action is the main cause for the accident. See police will run its own case of rash and negligent driving and you or the relative of the dead person can file a case for compensation including even driver A.